Item 5.07 Submission of Matters to a Vote of Security Holders
(a) The Special Meeting of Stockholders (the "Special Meeting") of the Company
was held on
(b) There were 38,773,101 shares of Common Stock outstanding eligible to be voted at the Special Meeting, 124,546 shares of the Digital Voting Series A-1 Preferred Stock (the "Series A-1 Preferred Stock") outstanding eligible to be voted at the Special Meeting, and 356,713 shares of Voting Series B Preferred Stock (the "Series B Preferred Stock", such Common Stock, Series A-1 Preferred Stock and Series B Preferred Stock together, the "Voting Shares") outstanding eligible to be voted at the Special Meeting, of which 22,570,245 shares of Common Stock, 86,257 shares of Series A-1 Preferred Stock, and 283,790 shares of Series B Preferred Stock were presented in person or represented by proxy at the Special Meeting, which constituted a quorum to conduct business. The final results of the voting at the Special Meeting were as follows:
Proposal 1 - Series A-1 Preferred Proposal
Proposal No. 1 to approve the increase of the number of authorized shares of the Series A-1 Preferred Stock to 4,630,000, amend the provisions of the Company's Series A-1 Preferred Stock certificate of designation requiring uncertificated shares and amend certain transfer and ownership restrictions applicable to the Series A-1 Preferred Stock, was approved by the stockholders by the following votes: Voting Shares:
For Against Abstain 19,957,105 2,768,230 214,957 Series A-1 Preferred Stock: For Against Abstain 86,249 8 -
Proposal 2 - Series B Preferred Proposal
Proposal No. 2 to approve the decrease of the number of authorized shares of Series B Preferred Stock to 370,000, was approved by the stockholders by the following votes: Voting Shares:
For Against Abstain 20,125,541 2,587,610 227,141 Series B Preferred Stock: For Against Abstain 282,390 740 660
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Proposal 3 - Alternative Series A-1 Preferred Proposal
Proposal No. 3 to approve the increase of the number of authorized shares of Series A-1 Preferred Stock to 3,000,000, amend the provisions of the Series A-1 Preferred Stock certificate of designation requiring uncertificated shares and amend certain transfer and ownership restrictions applicable to the Series A-1 Preferred Stock, was approved by the stockholders by the following votes: Voting Shares:
For Against Abstain
19,966,310 2,712,982 261,000
Series A-1 Preferred Stock:
For Against Abstain 86,249 8 -
Proposal 4 - Series A-1 Preferred Class Vote Proposal
Proposal No. 4 to amend the voting rights of holders of the Series A-1 Preferred Stock in the Series A-1 Preferred Stock certificate of designation received the following votes and was not approved by the stockholders:
Voting Shares: For Against Abstain 12,550,295 10,135,287 254,710 Series A-1 Preferred Stock: For Against Abstain 86,249 8 -
Proposal 5 - Series B Preferred Class Vote Proposal
Proposal No. 5 to amend the voting rights of holders of the Series B Preferred Stock in the Series B Preferred Stock certificate of designation received the following votes and was not approved by the stockholders: Voting Shares:
For Against Abstain 12,550,946 10,123,179 266,167 Series B Preferred Stock: For Against Abstain 282,160 770 860
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